Yesterday, Hawaii’s Smoking Law became effective. For the most part, provisions in each of the county ordinances have provided similar if not greater restrictions on smoking. One difference, however, is that the State law prohibits smoking outside the entrance, windows and ventilation intakes of partially enclosed areas where smoking is prohibited.
Coincidentally, this week a Colorado judge has upheld an association’s authority to adopt a bylaw amendment to prohibit smoking in the units. Please note that section 7 of the new smoking law specifically exempts from the provisions of the smoking ban private residences unless the residences are used for health care, child care or adult day care. Therefore, absent unusual circumstances, an association ban on smoking in the units would require a similar amendment to the association’s bylaws.
